eDiscovery – Page 3

ilsteam
July 5, 2019

Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim

In Siemers v. BNSF Railway Co., No. 8:17-cv-360 (D. Neb. Apr. 8, 2019), the Magistrate Judge ordered Plaintiff to produce his telephone records after finding that such records were not subject to a privilege claim solely because Plaintiff’s counsel’s telephone number may appear in the records and that the privacy issues are minimal to non-existent

ilsteam
July 1, 2019

Court Denies Defense Request To Allocate Discovery Costs

In East Coast Test Prep, LLC, v. ALLNURSES.COM, Inc., et al., Civil No. 15-3705(JRT/ECW)(D. MN April 4, 2019), the United States District Court for Minnesota denied Defendant’s motion for a protective order that sought to allocate the costs associated with complying with Plaintiff’s Request for Production of Documents on the grounds that the motion was

ilsteam
June 28, 2019

Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss

In Udeen v. Subaru of America, Inc., Civ. No. 18-17334(RBK/JS)(D. NJ Mar. 12, 2019), the Magistrate Judge denied Defendant’s request to stay all discovery pending a ruling on their Motion to Dismiss on the grounds that a stay would impose an undue prejudice on the non-moving Plaintiffs. This putative nationwide class action was brought against

ilsteam
June 26, 2019

ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs

In Alta Devices, Inc. v. LG Electronics, Inc., Case No. 18-cv-00404-LHK (VKD)(N.D. Ca. Feb. 20, 2019), the court denied Plaintiff’s motion to require Defendant to conduct ESI searches across thirty-three custodial files, finding that Plaintiff’s request was not proportional to the needs of the case. In its motion, the Plaintiff emphasized that the information it

ilsteam
May 16, 2019

No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative

In CIGNEX Datamatics, Inc. v. Lam Research Corporation, No. 17-320-MN (D. Del. Mar. 11, 2019), the court denied Defendant’s motions for spoliation and for sanctions, finding insufficient evidence that Plaintiff suffered prejudice due to the deleted electronically stored information (“ESI”). This case stems from a breach of contract in which Plaintiff agreed in January 2015

ilsteam
May 2, 2019

Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones

In Paisley Park Enterprises, Inc., et al., v. George Ian Boxill, et al., No. 17-cv-1212 (D. Min. Mar. 4, 2019), a Minnesota magistrate judge granted in part and denied in part Plaintiff’s motion for sanctions due to spoliation of evidence on the grounds that Defendants acted with an intent to deprive Plaintiff of ESI to

ilsteam
April 10, 2019

Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence

In employment discrimination case Brewer v. Leprino Foods Company, Inc., No CV-1:16-1091-SMM (E.D. Cal. Jan. 29, 2019), the Eastern District of California granted Defendant’s motion for sanctions under Fed. R. Civ. P. 37(e)(2), finding that Plaintiff “acted with the intent to deprive” Defendant of certain relevant ESI. The sanction motion followed a non-party deposition in

ilsteam
March 22, 2019

Court Requires Defendant to Make Sworn Statement Identifying Document Preservation Efforts

In RightCHOICE Managed Care, Inc. v. Hospital Partners, Inc., No. 5:18-cv-06037-DGK (W.D. Mo. Feb. 1), a case involving alleged improper medical billing billing, the United States District Court for the Western District of Missouri ordered Defendants to, among other things, supplement their initial disclosures to comply with Rule 26(a) and “either respond to Plaintiffs’ interrogatories

ilsteam
January 11, 2019

Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words

In City of Rockford v. Mallinckrodt ARD Inc., No. 17 CV-50107, No. 18 CV-379 (N.D. Ill. August 7, 2018), the United States District Court for the Northern District of Illinois adopted the parties’ proposed order establishing the production protocol for ESI with the inclusion of Plaintiff’s proposal that a random sample of the null set

ilsteam
January 9, 2019

SDNY Dismisses Action After Finding Plaintiff Fabricated Emails

In Comlab, Corp. v. Kal Tire, et al., Case No. 17-cv-1907(KBF)(S.D. N.Y. September 11, 2018), the United States District Court for the Southern District of New York granted Defendant’s Motion for Terminating Sanctions on the grounds that Plaintiff willfully and in bad-faith fabricated and spoliated relevant evidence. In this breach of contract action, Plaintiff allege